89R11122 MEW-D
By: Morales Shaw H.B. No. 5240
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a pretrial intervention and diversion
program for certain nonviolent offenses; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 32, Code of Criminal Procedure, is
amended by adding Article 32.03 to read as follows:
Art. 32.03. PRETRIAL INTERVENTION AND DIVERSION PROGRAM FOR
CERTAIN NONVIOLENT OFFENSES. (a) This article applies to a
defendant who:
(1) has not previously been convicted of an offense;
and
(2) is charged with an offense that is not an offense
involving violence, as defined by Article 17.03.
(b) At any time before trial commences, on the joint motion
of a defendant to whom this article applies and the attorney
representing the state, a court may defer proceedings without
entering an adjudication of guilt and permit the defendant to
participate in a pretrial intervention and diversion program
established by the office of the attorney representing the state.
(c) In establishing a pretrial intervention and diversion
program, the office of the attorney representing the state:
(1) shall develop written guidelines regarding
implementation of the program, including guidelines for accepting a
defendant into the program that take into consideration:
(A) the nature of the offense committed by the
defendant; and
(B) on notifying any victims of the offense of
the defendant's possible participation in the pretrial
intervention and diversion program, the victim's response to that
notification; and
(2) may require a defendant to:
(A) perform community service; and
(B) pay restitution to any victims of the offense
committed by the defendant.
(d) The office of the attorney representing the state may
enter into a contract with any entity or individual for the purpose
of monitoring the defendant's compliance with a pretrial
intervention and diversion program established under this article.
(e) A court that defers proceedings under Subsection (b)
shall set a reasonable date by which the defendant must complete the
pretrial intervention and diversion program established under this
article, which may be extended in the court's discretion.
(f) A court shall dismiss the proceedings against the
defendant and discharge the defendant if satisfactory evidence is
presented that the defendant successfully completed the pretrial
intervention and diversion program by the date specified under
Subsection (e).
SECTION 2. Article 102.0121, Code of Criminal Procedure, is
amended to read as follows:
Art. 102.0121. REIMBURSEMENT FEES FOR CERTAIN EXPENSES
RELATED TO PRETRIAL INTERVENTION PROGRAMS AND PRETRIAL
INTERVENTION AND DIVERSION PROGRAMS. (a) A district attorney,
criminal district attorney, or county attorney may collect a
reimbursement fee [in an amount not to exceed $500] to be used to
reimburse a county for expenses, including expenses of the district
attorney's, criminal district attorney's, or county attorney's
office, related to a defendant's participation in a pretrial
intervention program or a pretrial intervention and diversion
program offered in that county in an amount not to exceed:
(1) $1,000 for a pretrial intervention and diversion
program offered under Article 32.03; or
(2) $500 for a pretrial intervention program not
described by Subdivision (1).
(b) The district attorney, criminal district attorney, or
county attorney may collect the reimbursement fee from any
defendant who participates in a pretrial intervention program or
pretrial intervention and diversion program administered in any
part by the attorney's office.
(c) Reimbursement fees collected under this article shall
be deposited in the county treasury in a special fund to be used
solely to administer the pretrial intervention program or pretrial
intervention and diversion program. An expenditure from the fund
may be made only in accordance with a budget approved by the
commissioners court.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 4. This Act takes effect September 1, 2025.